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How to Request an “Undue Hardship” Discharge of a Student Loan in Bankruptcy and Complete the New Required Affidavit Online
Under new 2022 Department of Education guidelines, you may have an easier time getting your student loan discharged in bankruptcy. Look for our new online affidavit filler in 2023.
Can I Get My Student Loans Discharged or Reduced for Undue Hardship In Bankruptcy?
Discharging student loans in bankruptcy has always been more difficult than discharging other unsecured debt like credit cards. You have to prove “undue hardship” in a special, additional "adversary proceeding." But navigating this path of extra procedure should be a bit easier in 2023 and beyond, thanks to new Department of Education guidelines telling their lawyers not to challenge debtors seeking undue hardship discharges if they meet specific criteria.
Best Sources of Student Loan Undue Hardship Case Law
If you decide to challenge your student loan as dischargeable to due unto hardship, it's good take time to read other undue hardship cases you get a sense of what's required in order to prevail.
Student Loans §523(a)( 8 ) Undue Hardship Discharge Affidavit
If you decide to file an adversary proceeding to discharge under §523(a)(8) your student loans based on undue hardship, you'll have to fill out this affidavit from the Department of education. The Department will use this to determine if they stipulate that you are entitled to a discharge.
Student Loan Bankruptcy Discharge Affidavit For Undue Hardship §523(a)(8) - Free Online
It is now easier than ever to get rid of student loans in bankruptcy, thanks to new guidance and affidavit offered by the U.S. Department of Education for those seeking student loan discharge for undue hardship.